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Personal partition of agricultural Qualities among the co-sharers may have no authorized influence until precisely the same is affirmed because of the Revenue Officer U/S 147 of Land Earnings Act, 1967, which gives that “In almost any situation through which a partition is manufactured without the intervention of the Income Officer, any celebration thereto may possibly utilize to a Revenue Officer for an get affirming the partition.

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Go well with for possession of precise khasra variety isn't maintainable versus a co-sharer Except if the whole khata is not really partitioned. In a very scenario of Dilmeer Vs Rajab Ali noted in 2003 MLD 484 Lahore, it is held that, “Demo Court docket could to go a decree for particular khasra number from joint khata, Except if joint khata was partitioned—Suit for possession versus a co-sharer was not maintainable—Each individual co-sharer, nonetheless, might have a correct to hunt partition in accordance with law”.

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The courtroom directed the SBCA to inspect the property in concern and post a report with regards to any violation in the permitted creating program.

The match has to be in regard of those joint Attributes in respect of which neither any common partition was manufactured priorly nor the properties ought to have been divided via personal settlement/Khangi Taqseem.

A Co-sharer can alienate his share within an undivided property and there is no embargo on him for doing this. Just in case titled: Mst.

In An additional case titled: Shoukat Sultan Vs Haji Muhammad Alam, noted in 2008 YLR 1698 Lahore, it's held the from the august Higher Courtroom that, “wherever co-sharer in possession was dispossessed by A different Title and Ownership Advocate in Karachi Near Me co-sharer, then he had two choices, particularly he could possibly wait and file go well with for partition or he could file a suit below S. nine of the precise Relief Act, 1877”.

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The report of area commissioner in deciding the Easements and Rights of Way Advocate in Karachi particular place of your property sought to get partitioned is of Significantly worth, as the exact same may help the Court for determining the fact that whether or not the property is partitionable or not and if partitionable then what must be the factors for its partition.

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